Closing arguments in the case brought against Forever 21 by Trovata took place yesterday. Trovata accuses Forever 21 of knocking off the design of seven pieces, including cardigans, hoodies, shirts, and a jacket from fall 2005 to early 2006. WWD reports:
“This is about a lot more than buttons and threads,” Frank Colucci, who is representing Trovata, told the jury of six men and two women in U.S. District Court here. “It’s about how an array of unique elements is combined to embody the ‘twisted preppy’ look for which Trovata is known and praised.”
Colucci added that Forever 21 clearly doesn't care that they knock people off, and thinks they're too big and important to "play fair and decent." Judging by the Forever 21 founder, who acted like she hardly knew a damn thing about her company in court earlier this week, it's a solid argument.
Forever 21 lawyer Bruce Brunda countered: “You would need a telescope, or at least binoculars” to find the features Trovata alleges were copied “on anyone walking down a runway in a fashion show.”
He said “substantive changes were made” to the garments sold by Forever 21. “Where is that wrong?”
Now, the Trovata pieces and alleged knockoffs may look the same without the suggested magnifying tools, but that might not be enough for Trovata to win the case. The label is trying to convince the jury that similar design elements of the Forever 21 garments, like button placement and alternating stripes in contrasting colors (called "trade dress" in legal speak), constitutes an infringement of Trovata's intellectual property. It's a tough case to make. Trovata must prove that the visual appearance of their clothes links to their brand in consumers' minds. Trade dress does not constitute elements that serve a functional purpose, like non-decorative zippers. A ruling in Trovata's favor could prevent Forever 21 and other fast-fashion chains from knocking off designer pieces in the future.
Most Viewed Stories
Here’s the Official List of Speakers for the Women’s March on Washington
This Conspiracy Theory Will Change How You Feel About the Bachelor Villain
The Ultimate Guide to Preparing for the Women’s March
15 Protest Sign Ideas for the Women’s March on Washington
Your Guide to Peeing During the Women’s March on Washington
Bernie Sanders Reviews the Balenciaga Men’s Collection
Inauguration Committee Chairman Says Kanye West Wasn’t Invited to Perform Because It’s a ‘Typically and Traditionally American’ Event
Sexual Assault in the Amazon
The Sheer Perfection of Donald Trump’s Golden Shower
Feeling Anxious on Inauguration Day? These Art Museums Are Offering Refuge
From Our Partners
The Fashion Spot
powered by PubExchange
Latest News from The CutSolange and Esperanza Spalding Performed at the the Inaugural Peace Ball in Washington D.C.
Artists and progressives celebrated at the alternative ball, held at the National Museum of African-American History and Culture.Malia Obama Might Be Starting an Internship with Harvey Weinstein
She previously had an internship with HBO’s ‘Girls.’10 Alternatives to Goop’s Sold-out Vaginal Jade Eggs
The resale market is probably booming.9 Books We’re Reading Right Now
Read with us.This Black Panther Leader’s Daughter Reclaimed His FBI File As Art
Artist Sadie Barnette turned to her father's FBI file for this New York exhibit.Kristen Stewart Co-Authored a Research Paper on Artificial Intelligence
She used the technique in her new film.The 5 Most Compelling Jewels in the Winter Antiques Show
Rubies, diamonds, and a Salvador Dali ring worn by a socialite.Serena Williams Tells Reporter to Apologize After Criticizing Her Winning Performance
“That wasn’t very kind. You should apologize.”There’s New Reason to Be Worried That Trump Will Slash Funding to Violence Against Women Programs
The Department of Justice currently administers 25 grant programs authorized by the Violence Against Women Act.Aughts Prom Favorite BCBG Is Closing Stores and Restructuring
The decline and fall of the American mall continues apace.
“I need some guacamole in my life.”What Abortion in America Looks Like Right Now
Seven stories about a pro-choice movement under attack.Ivanka Trump Says Talk of Her Taking On First-Lady Duties Is ‘Inappropriate’
“There’s one First Lady, and she’ll do remarkable things.”How I Get It Done: Miko Branch, Co-Founder of Curly Hair-Care Product Line Miss Jessie’s
On keeping her office organized, deciding to take time out for herself, and why she still works in the salon.Johnny Depp Finds Redemption at the People’s Choice Awards
After domestic-violence allegations, the actor won the Favorite Movie Icon award.See All the Red-Carpet Looks From the People’s Choice Awards
All the fan-favorite stars gathered at the Microsoft Theater in Los Angeles.How Long Until Someone Breaks a Priceless Piece of Art During the Met Museum Workout?
A new form of fitness.Louis Vuitton x Supreme Is Here to Tantalize the Hypebeast in Your Life
This is what happens when two logos love each other very much.Preview a Beloved New York Art Gallery’s First Show in Its Airy New Location
Victoria Munroe Fine Art has reopened in a townhouse, the perfect spot for viewing 19th-century architectural drawings and a flock of rare birds.Can Learning How to Coupon Save Me Money?
There’s more to discount shopping than binders full of newspaper clippings.